South Carolina General Assembly
113th Session, 1999-2000

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Bill 705


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COMMITTEE REPORT

May 17, 2000

S. 705

Introduced by Senators Rankin and Elliott

S. Printed 5/17/00--H.

Read the first time February 8, 2000.

            

THE COMMITTEE ON WAYS AND MEANS

To whom was referred a Bill (S. 705), to amend Section 5-37-20, as amended, Code of Laws of South Carolina, 1976, relating to definitions used in the Municipal Improvements Act of 1999, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by adding the following new SECTIONS to be appropriately numbered to read:

/SECTION ____. Chapter 37 of Title 5 of the 1976 Code is amended by adding:

"Section 5-37-35. Notwithstanding the provisions of Section 5-37-30, assessments, revenues, or debt service on bonds which may be used under this chapter to fund municipal improvements shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.

The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."

SECTION ______. Chapter 21 of Title 6 of the 1976 Code is amended by adding:

"Section 6-21-55. The debt service on bonds authorized by this chapter issued by a municipality to finance improvements under and permitted by the Municipal Improvement Act of 1999 shall not impose or be derived from in whole or in part a tax or assessment on property not located in the improvement district.

The provisions of this section do not apply to projects or undertakings designated by a municipal governing body as a 'system' under Section 6-21-40."/

Renumber sections to conform.

Amend totals and title to conform.

ROBERT W. HARRELL, JR., for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Passage of this bill will not have an impact on the General Fund of the State nor on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

The bill would not have a direct impact on municipalities because it merely broadens the powers of Municipal Improvement Districts.

SPECIAL NOTES:

Pursuant to Section 2-7-76 of the 1976 South Carolina Code of Laws the Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 5-37-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENTS ACT OF 1999, SO AS TO INCLUDE WITHIN THE DEFINITION OF "IMPROVEMENTS" SERVICES OR FUNCTIONS WHICH A MUNICIPALITY IN ACCORDANCE WITH STATE LAW MAY BY LAW PROVIDE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 5-37-20(2) of the 1976 Code, as last amended by Act 118 of 1999, is further amended to read:

"(2) 'Improvements' include open or covered malls, parkways, parks and playgrounds, recreation facilities, athletic facilities, pedestrian facilities, parking facilities, parking garages, and underground parking facilities, and facade redevelopment, the widening and dredging of existing channels, canals, and waterways used specifically for recreational or other purposes, the relocation, construction, widening, and paving of streets, roads, and bridges, including demolition of them, underground utilities, all activities authorized by Chapter 1 of Title 31 (State Housing Law), any building or other facilities for public use, any public works eligible for financing under the provisions of Section 6-21-50, services or functions which a municipality in accordance with state law may by law provide, and all things incidental to the improvements, including planning, engineering, administration, managing, promotion, marketing, and acquisition of necessary easements and land, and may include facilities for lease or use by a private person, firm, or corporation. However, improvements as defined in this chapter must comply with all applicable state and federal laws and regulations governing these activities. Any such improvements may be designated by the governing body as public works eligible for revenue bond financing pursuant to Section 6-21-50, and such improvements, taken in the aggregate, may be designated by the governing body as a 'system' of related projects within the meaning of Section 6-21-40. The governing body of a municipality, after due investigation and study, may determine that improvements located outside the boundaries of an improvement district confer a benefit upon property inside an improvement district or are necessary to make improvements within the improvement district effective for the benefit of property inside the improvement district."

SECTION 2. This act takes effect upon approval by the Governor.

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